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FINCH v. SWINGLY

42 A.D.2d 1035 (1973)

Bernard R. Finch, Respondent, v. Richard W. Swingly, Jr., Doing Business as Dick Swingly Garage and Service, Appellant, and Nagle Enterprises, Inc., et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 26, 1973

Order unanimously reversed, with costs, motion granted and complaint dismissed.

Memorandum:

This appeal is from an order of Special Term, Monroe County, which denied defendant's motion to dismiss the complaint. It is alleged in the complaint that on June 30, 1972 the plaintiff was an employee of defendant Swingly and "engaged in and within the course of his employment" working underneath an automobile hoist in defendant...

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